IMPORTANT—READ THIS AGREEMENT! BY INSTALLING JET PROFILER FOR MYSQL, YOU AGREE TO BE BOUND BY THIS LICENSE AGREEMENT. A COPY OF THIS LICENSE AGREEMENT CAN BE FOUND ON WWW.JETPROFILER.COM. IF YOU DO NOT AGREE TO THE TERMS AND LIMITATIONS OF THIS LICENSE AGREEMENT, promptly uninstall JET PROFILER FOR MYSQL within thirty (30) days of purchase to receive a refund.
POLARICON AB ("POLARICON") is licensing the JET PROFILER FOR MYSQL software program ("the SOFTWARE") to you on the following terms and conditions:
1. GRANT OF LICENSE. In consideration of the license fee that is a part of the price you paid for this product, POLARICON grants you, as licensee, a nonexclusive right to use the SOFTWARE on one operating system (“OS”) on two computers ("CPU") under the terms and limitations of this License Agreement. An OPERATING SYSTEM (OS) is defined as a software program that manages the hardware and system resources of a computer.
2. OWNERSHIP. POLARICON retains all ownership and rights in the SOFTWARE, including all rights in any portion(s) of the SOFTWARE present in any output of the SOFTWARE. This License Agreement is NOT a sale of the SOFTWARE.
3. USE RESTRICTIONS. As a single user, you may physically install the SOFTWARE on one OS on two CPUs. As a single user, you may not install or use the SOFTWARE on a network, multiple CPU, multiple OS, multiple site arrangement, or any other hardware or software configuration where the SOFTWARE is accessible to more than two CPU and OS or to more than one user. You may not use telecommunication transmissions to electronically transfer the SOFTWARE from one CPU to another.
4. TRANSFER RESTRICTIONS. You may not transfer, assign, sell, or otherwise dispose of the SOFTWARE on a permanent basis without the written permission of POLARICON. Should POLARICON grant such permission, you may be required to pay a Transfer Fee in effect at the time of the transfer. In no event may you rent, lease, grant sublicenses or any other rights in the SOFTWARE to others on a temporary basis, including renting the SOFTWARE and CPU together to other users.
5. COPY RESTRICTIONS. You may make one copy of the SOFTWARE solely for backup purposes. The backup copy automatically becomes the property of POLARICON and is subject to this License Agreement. You must reproduce POLARICON's copyright notice on the backup copy.
6. REGISTRATION. The first time you launch the SOFTWARE, you will be prompted to register the SOFTWARE via the Internet by providing an registration key. If you choose not to register, you will be prompted to do so each time you launch the SOFTWARE. Until registration is completed, some features of the software will be disabled.
7. SUPPORT AND UPDATE POLICY. POLARICON is not responsible for maintaining or helping you to use the SOFTWARE. From time to time, POLARICON may update the SOFTWARE.
8. TERMINATION. This License Agreement is effective upon installation of the SOFTWARE and remains in effect until expiration of all copyright interests in the SOFTWARE, unless earlier terminated. This License Agreement will terminate automatically when your subscription expires, or without notice from POLARICON if you
fail to comply with any of the terms or limitations of this License Agreement. The SOFTWARE and accompanying documentation materials may also be protected under federal copyright and patent laws. Unauthorized copying or use of the SOFTWARE beyond the scope of this License Agreement is expressly forbidden. You may be held legally responsible for any copyright or patent infringement that is caused or encouraged by your failure to abide by the terms and conditions of this License Agreement.
SOFTWARE DISCLAIMER OF WARRANTY
THE SOFTWARE IS PROVIDED SOLELY ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. YOU ASSUME ALL RESPONSIBILITY FOR SELECTION OF THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION, USE, AND RESULTS OF THE SOFTWARE. IF THE SOFTWARE PROVES TO BE DEFECTIVE, YOU, NOT POLARICON OR ITS DEALERS, DISTRIBUTORS, AGENTS, OR EMPLOYEES, ASSUME THE ENTIRE COST OF ANY AND ALL NECESSARY
SERVICING, REPAIR, OR CORRECTION.
Neither POLARICON nor anyone else involved in the creation, production, licensing, or delivery of the SOFTWARE shall be liable for any indirect, incidental, consequential, or special damages (including damages for lost profits or the like) resulting from breach of warranty or any type of claim arising from the use or inability to use the SOFTWARE, even if POLARICON has been advised of the possibility of such damages. In any event, POLARICON's responsibility for direct damages is never more than the purchase price and license fee you paid for the SOFTWARE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EXCEPT AS EXPRESSLY PROVIDED ABOVE, POLARICON MAKES NO WARRANTIES REGARDING THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDED BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. No oral or written information or advice provided by POLARICON, its dealers, distributors, agents, or employees shall create any other warranty or increase in any way the scope of this warranty, and you may NOT rely on such information or advice. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.